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HomeMy WebLinkAbout008 04 88LAND USE AND DEVELOPMENT MINUTES August 4, 1988 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building August 4, 1988. Present: Chairman Pete Anderson, Commission Members Myrna Cain, Sue Parrish, Richard Pearson, Robert Allen, Jerry Tydeman, Public Works Director Steve Smart, Fire Chief Cary Campbell, and Secretary Myrna Crapo. Chairman Anderson asked for any additions or corrections to the July 7, 1988 minutes. There being none Sue Parrish moved to approve the minutes as mailed. Richard Pearson seconded the motion, with all commission'members voting in favor. PUBLIC HEARING: A PROPOSAL BY DONALD B. MITCHELL, 261Briscoe for a variance for a 49' lot and for a conditional use permit to allow a Class II Mobile Home. Property is presently zoned R-2, Limited Residential. Chairman Anderson explained the procedure for the public hearing. He then asked Engineer Steve Smart for any comments from the city. Steve Smart presented to the commission a review of what the Mitchell's wanted to do. Cary Campbell, Fire Chief told the commission that Mitchell's would need to strip down the existing mobile home and start over in order to bring it into compliance with the Class Ii Production Building requirements. Lee Cranor, 261Briscoe represented the Mitchell's who were out of town. The Mitchells were looking at a double wide mobile home that would quality as a Class II, if they could get a variance on the lot size. Chairman Andersen opened the public hearing to public comment. Chairman Andersen entered into the record a petition received August 1, 1988 protesting the variance which would allow Mary and Donald Mitchell to install a mobile home. It was signed by 19 people on Briscoe. Gary Archibald, 251 Briscoe, a next door neighbor told the commission that the grandson was not staying there. He was not in favor of the trailer. Mr. Cranor told the commission that the grandson was in a shelter home in Shelley. He was committed to St. Anthony and then sent to a shelter home. Chairman Andersen then closed the public hearing. Land Use and Development Commission August 4, 1988 Page 2 Pete Anderson explained the requirements for a Class II Production Building. Engineer Steve Smart informed the commission that the application does not contemplate the single wide mobile home that is setting there now, but a class II structure. The commission discussed the proper order of considering the conditional use and the variance parts of the application and the comments that had been made at the previous Land Use Meetings. Richard C. Pearson made a motion to deny the 49' variance. It died for lack of a second. Robert Allen made a motion to deny the conditional use permit to allow a Class II Mobile Home on the property currently zoned R-2 at 261Briscoe. The finding of facts was discussed by the commission. 1. People in the neighborhood were opposed to it. 2. There is a question as to who will use the trailor. 3. There is no room to replace the existing mobile home with another larger Class II Unit. 4. There are no production building residences in the area now. Richard Pearson seconded the motion. Steve Smart advised the commission to divorce themselves from the handicaped grandson issue and address the issue of spliting the lot and putting a mobile home on it. Roll call vote: Myrna Cain, yes; Sue Parrish, yes; Bob Anderson, yes; Pete Andersen, abstain; Richard Pearson, yes; Robert Pearson, yes; Jerry Tydeman, yes. Mr. Craner was informed that an appeal could be made to the city council within 25 days from this meeting. OTHER BUSINESS 1. Discussion on minutes Nomination of a new chairman. Robert Allen nominated Sue Parrish. Myrna Cain seconded the nomination. Richard Pearson moved to close the nomination. for lack of a second. Died Pete Andersen nominated Robert Allen. Robert Allen withdrew his name. Myrna Cain then moved that nomination cease with Richard Pearson seconding. All voted in favor. Land Use and Development Commission August 4, 1988 Page 3 Bob Anderson informed the commission that he will be gone due to work for the next 4 months, but that he would like to stay on the commission. Steve Smart introduced Nancy Bateman from the Journal. The meeting was turned over to Sue who adjour~d the meeting. e A n d ~'n-,--CRa i rman CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION This matter having come before the Commission for public hearing pursuant to public notice as required by law, on August 4, 1988, upon the application of Donald B. Mitchell (hereinafter referred to as "applicant") for a conditional use permit to allow a Class II mobile home and a variance for a 49' lot on the real property located at 261 Briscoe, and the Commission having heard testimony from interested parties and being fully advised in the matter, now makes the following: FINDINGS OF FACT 1. Applicant has applied for a conditional use permit and variance as particularly described above. 2. All legal requirements for notice of public hearing have been met. 3. The property in question is zoned R-2 pursuant to the n Land Use Ordinance of the City of Chubbuck. 4. The property is designated as R-2 in the duly adopted Comprehensive Plan of the City of Chubbuck. 5. Relevent criteria and standards for consideration of this application are set forth in Chubbuck Code §§ 18.28.030 and 18.28.040. 6. The existing neighboring land uses in the immediate area of this property are: to the north, R-2; to the south, R-2; to the east, R-2; to the west, R-2. 7. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. Residents in the area are opposed to having placed on the property permanently a Class II production building. B. No Class II production buildings are currently used as residences in the area. C. The existing Class III production building cannot be replaced with a larger Class II production unit due to lot size limitations. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 jm chubk-26 D. A question exists as to who would use the Class II building. BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and Development Commission hereby enters the following CONCLUSIONS OF LAW 1. The permit sought will produce an adverse impact on the economic values of adjacent properties. 2. The use for which the permit is sought shall work an unreasonable hardship upon surrounding property owners by virtue of its physical nature or by the impact of changes made in the landscape of the land. 3. The aesthetic qualities of the proposed use will conflict with aesthetic qualities of the surrounding lands. 4. Owners of adjacent property have not expressed approval of the issuance of the requested conditional use permit and variance. DECISION 1. The Land Use and Development Commission, pursuant to the foregoing, finds that the request of the applicant should not be approved. 2. The Conditional Use Permit and variance requested by the Applicant is not granted. DATED this 7 day of July , 198 8. LAND USE A.PM ,DEVFerOPMENT COMMISSION AI Motion by Robert Allen, seconded by Richard Pearson, to adopt the foregoing Findings of Fact, Conclusions of Law and Decision. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 jm chubk-26 ROLL CALL: Commission Member Vote Myrna Cain Y Sue Parrish Y Bob Anderson Y Pete Anderson Abstain Richard Pearson Y Jerry Tydeman Y FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 jm chubk-26